This act [40-10C-1 to 40-10C-12 NMSA 1978] may be cited as the “Uniform Child Abduction Prevention Act”. History: Laws 2013, ch. 156, § 1. ANNOTATIONS Effective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
An abduction prevention order remains in effect until the earliest of: A. the time stated in the order; B. the emancipation of the child; C. the child’s attaining eighteen years of age; or D. the time the order is modified, revoked, vacated or superseded by a court with jurisdiction pursuant to Sections 40-10A-201 through 40-10A-203 […]
In applying and construing the Uniform Child Abduction Prevention Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Laws 2013, ch. 156, § 11. ANNOTATIONS Effective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child […]
The Uniform Child Abduction Prevention Act modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) […]
As used in the Uniform Child Abduction Prevention Act: A. “abduction” means the wrongful removal or wrongful retention of a child; B. “child” means an unemancipated individual who is less than eighteen years of age; C. “child-custody determination” means a judgment, decree or other order of a court providing for the legal custody, physical custody […]
Sections 40-10A-110 through 40-10A-112 NMSA 1978 apply to cooperation and communication among courts in proceedings pursuant to the Uniform Child Abduction Prevention Act. History: Laws 2013, ch. 156, § 3. ANNOTATIONS Effective dates. — Laws 2013, ch. 156, § 13 made the Uniform Child Abduction Prevention Act effective January 1, 2014.
A. A court on its own motion may order abduction prevention measures in a child-custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child. B. A party to a child-custody determination or another individual or entity having a right pursuant to the law of this state or […]
A. A petition pursuant to the Uniform Child Abduction Prevention Act may be filed only in a court that has jurisdiction to make a child-custody determination with respect to the child at issue pursuant to the Uniform Child-Custody Jurisdiction and Enforcement Act [40-10A-101 to 40-10A-403 NMSA 1978]. B. A court of this state has temporary […]
A petition pursuant to the Uniform Child Abduction Prevention Act shall be verified and include a copy of any existing child-custody determination, if available. The petition shall specify the risk factors for abduction, including the relevant factors described in Section 7 of the Uniform Child Abduction Prevention Act. Subject to the provisions of Subsection (e) […]
A. In determining whether there is a credible risk of abduction of a child, the court shall consider any evidence that the petitioner or respondent: (1) has previously abducted or attempted to abduct the child; (2) has threatened to abduct the child; (3) has recently engaged in activities that may indicate a planned abduction, including: […]
A. If a petition is filed pursuant to the Uniform Child Abduction Prevention Act, the court may enter an order that shall include: (1) the basis for the court’s exercise of jurisdiction; (2) the manner in which notice and opportunity to be heard were given to the persons entitled to notice of the proceeding; (3) […]
A. If a petition pursuant to the Uniform Child Abduction Prevention Act contains allegations that the child is imminently likely to be wrongfully removed and the court finds that there is a credible risk that the child is imminently likely to be wrongfully removed, the court may issue an ex parte warrant to take physical […]
